STATE OF MAHARASHTRA Vs. NAMDEO DAGO GOLHAR

JUDGEMENT

(1.) HEARD the learned counsel for the parties. Perused the records. Since the respondent no.1 died during pendency of this appeal, the appeal stood abated. So far as respondent no.5 is concerned, he is reported to be dead during pendency of the trial.

(2.) THIS Criminal appeal by the State is against the order passed by the Additional Sessions Judge, Nagpur in the Session Case No. 36 of 1987 passed on5-3-1991 acquitting the accused persons-respondents of the offences punishable u/ss. 147, 302 and 452 r/w. Section149 of the Indian Penal Code.

(3.) IT is the case of prosecution that, on the day of occurrence, deceased Shantabai and her daughter Meerabai were alone in the house when respondents had come there and they assaulted Shantabai with hands and fists blows and then they went out of the house in the field i. e. adjacent to the house and tried to damage the standing crops and then returned to the house of Shantabai and that they all set on fire the compound of reeds that was surrounding the field and then having returned to her house, they ransacked her belongings in the house and also threw away the belongings outside the house. IT is further alleged that the respondents caught hold of Shantabai and had gone to the boundary of the land and then set her on fire on pouring kerosene on her person and lighting a lighted match stick. IT is claimed by prosecution that witness Meera when returned home and saw that her mother Shantabai had suffered burn injuries, inquired with her when all the respondents had left the house and ran away. At that time, she told that accused nos. 3 to 11 had held her and accused no.2 had poured kerosene on her person and accused no.1 had set her on fire by a lighted match stick. After the fire was extinguished, Meerabai made Shantabai to sit on a swing and after having applied some honey and cream to the burn injuries on her person, she left to the house of Sarpanch of their village Namely Nana Jagannath Deotale (P.W.3) as nobody in the Police Station, Gumgaon, where she had gone first, met her. She narrated the incident to witness Nana, who accompanied her to her house and on inquiring with Shantabai about the incident that took place, Nana then informed police. PSI Udgikar (P.W.4), who was then attached to the Police Control room, visited the house of Shantabai on receiving message and on making queries with her, recorded her statement which is at Exh. 75, relied upon by the prosecution as the first written dying declaration. After that statement was recorded, the Police Officer PSI Udgikar immediately removed Shantabai to the Medical College hospital, Nagpur and then sent a written requisition Exh. 83 to the Taluka Executive Magistrate. Accordingly, Wamanrao s/o. Tatobaji Kombade (P.W.8), who was working as a Taluka Executive Magistrate, rushed to the Government Medical College and met the Medical Officer on duty and on learning from him that Shantabai was fit to give her statement, recorded her dying declaration (Exh. 99) of Shantabai. Police H. C. Chute (P.W.5), who was then attached to the Police Station, Hingna, after receiving the dying declaration (Exh. 99) and the report (Exh. 86) registered the offence vide crime no.5 of 1986, u/ss. 147, 149 and 452 and 307 of the Indian Penal Code.